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You MUST use this before any creative work - creating features, building components, adding functionality, modifying behavior, or planning anything new, in software or out of it (a talk, a business, a renovation).
healthcare-lawHealthcare law skill for medical and health industry legal matters. Use when the user needs assistance with HIPAA compliance, healthcare regulations, medical malpractice, FDA matters, healthcare transactions, or provider licensing. Triggers on keywords like "HIPAA", "healthcare", "medical", "hospital", "physician", "malpractice", "FDA", "PHI", "patient", "p…
Independent GitHub snapshot · Automated classification · Original documentation governs
This skill provides expert guidance for healthcare regulatory compliance, transactions, and litigation.
| Rule | Scope | Key Requirements |
|---|---|---|
| Privacy Rule | Use/disclosure of PHI | Notice, authorization, minimum necessary |
| Security Rule | Electronic PHI safeguards | Administrative, physical, technical |
| Breach Notification | Notification requirements | Individual, HHS, media notification |
| Enforcement Rule | Penalties and procedures | Civil and criminal penalties |
Individually Identifiable Health Information:
18 HIPAA Identifiers:
Permitted Uses Without Authorization:
Patient Rights:
Administrative Safeguards:
Physical Safeguards:
Technical Safeguards:
| Affected Individuals | Notification Deadline |
|---|---|
| 1-499 | 60 days of discovery |
| 500+ | 60 days (immediate to media/HHS) |
| HHS | Annual log (under 500); immediate (500+) |
| Violation Level | Per Violation | Annual Maximum |
|---|---|---|
| Did not know | $137-$68,928 | $2,067,813 |
| Reasonable cause | $1,379-$68,928 | $2,067,813 |
| Willful neglect (corrected) | $13,785-$68,928 | $2,067,813 |
| Willful neglect (not corrected) | $68,928 | $2,067,813 |
Prohibited Conduct:
Scienter: Actual knowledge, deliberate ignorance, or reckless disregard
Penalties:
Prohibited: Knowingly and willfully offering, paying, soliciting, or receiving remuneration to induce referrals for services covered by federal healthcare programs.
Elements:
Safe Harbors (Selected):
| Safe Harbor | Key Requirements |
|---|---|
| Employment | Bona fide employment relationship |
| Personal services | Written agreement, FMV, specified services |
| Space rental | Written agreement, FMV, one year term |
| Equipment rental | Written agreement, FMV, one year term |
| Discounts | Properly disclosed and reflected |
| EHR | ONC-certified technology, conditions met |
| Referral services | Written agreement, conditions met |
Prohibited: Physician referral of designated health services (DHS) to entities with which physician (or family member) has financial relationship, unless exception applies.
Designated Health Services:
Exceptions (Selected):
| Exception | Key Requirements |
|---|---|
| In-office ancillary | Services in same building, supervised |
| Employment | Bona fide employment, FMV compensation |
| Personal services | Written agreement, FMV, commercially reasonable |
| Rental | Written agreement, FMV, exclusive use |
| Isolated transactions | One-time payment, FMV, commercially reasonable |
| Group practice | Meeting all group practice requirements |
| Violation | Per-Violation Penalty |
|---|---|
| False claim | $11,000-$22,000 |
| Anti-kickback | $100,000 |
| Stark violation | $15,000-$100,000 |
| EMTALA violation | $50,000-$100,000 |
| Type | Description |
|---|---|
| Economic | Medical expenses, lost wages, future care |
| Non-economic | Pain and suffering, loss of consortium |
| Punitive | Gross negligence or intentional misconduct |
| Category | Regulation | Key Requirements |
|---|---|---|
| Drugs | FDCA, NDA/ANDA | Safety and efficacy |
| Biologics | PHSA, BLA | Same + manufacturing |
| Medical devices | FDCA, Class I/II/III | Risk-based regulation |
| Food | FDCA | Safety, labeling |
| Cosmetics | FDCA | Safety, no disease claims |
Preclinical Testing → IND Application →
Phase 1 (Safety) → Phase 2 (Efficacy) → Phase 3 (Confirmation) →
NDA Submission → FDA Review → Approval
| Class | Risk | Regulatory Pathway |
|---|---|---|
| I | Low | General controls, most exempt |
| II | Moderate | 510(k) premarket notification |
| III | High | PMA (premarket approval) |
For detailed guidance:
references/hipaa-compliance.md - HIPAA implementation guidereferences/stark-analysis.md - Stark exception checklistreferences/fda-pathways.md - FDA approval processes